Asbestosis decisions — 2019

The Veteran's claim for service connection for granulomatous disease, claimed as right-side lobectomy due to asbestos exposure is granted.,Service connection is denied for sleep apnea and the issue of service connection for a respiratory disorder, including COPD, emphysema, interstitial lung disease, and asbestosis, is remanded.

The Veteran's claims for bilateral hearing loss, tinnitus, and a respiratory disease due to asbestos exposure are remanded for further development.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's currently diagnosed obstructive sleep apnea and/or restrictive lung disease are at least as likely as not proximately due to service-connected disability, or aggravated beyond its natural progression by service-connected disability.

Service connection for hearing loss in the right ear is granted.,The claim of service connection for a respiratory disorder (other than sinusitis and residuals of exposure to asbestos) has been reopened, but remains denied as there is no evidence that it is related to military service.,PAD of the bilateral lower extremities was also reopened, but remains denied due to lack of evidence linking it to military service.

The Board has remanded the Veteran's claims of service connection for emphysema as secondary to his service-connected asbestosis and for an initial compensable rating for his asbestosis due to inadequate VA examinations and opinions.

The Board has denied service connection for asbestos-related lung disease and has remanded the issue of an initial rating in excess of 50 percent for posttraumatic stress disorder including on the basis of unemployability.

The Board has remanded the case due to missing VA medical treatment records and inextricably intertwined issues of TDIU. The Veteran's service-connected asbestosis with COPD is the basis for both increased rating and TDIU claims.

The Veteran's lung disorder due to asbestos exposure is granted, but his insomnia disorder with difficulty maintaining sleep and unspecified neurocognitive disorder are denied.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected asbestosis, finding that it did not meet the schedular criteria and that referral for extraschedular consideration was not warranted. The most probative evidence of record supported the conclusion that COPD, rather than asbestosis, limited the Veteran's ability to work.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's lung disabilities, specifically COPD and asbestosis. The VA must provide a new opinion addressing whether the Veteran's preexisting asthma was aggravated by service and whether his diagnosis of COPD during the appeal period is related to service exposure.

The Board has denied a higher rating for the Veteran's service-connected asbestosis and has remanded the case to consider entitlement to TDIU on an extraschedular basis.

The Veteran's PTSD with unspecified depressive disorder is rated at 70 percent effective from November 18, 2008. He also has a separate 10 percent rating for asbestosis. The Board granted a TDIU based on his service-connected disabilities.

The Veteran's claim for service connection for asbestosis/pleural plaques and COPD has been reopened, but the appeal is still pending due to further evidence needed. The Board has ordered additional medical records and an addendum opinion from a pulmonary specialist.

The Board has decided that the Veteran's claims for service connection for blood clot to the lungs and breathing problems related to asbestos exposure should be remanded due to insufficient medical opinions.

The Board has granted service connection for asbestosis, finding that the Veteran's current respiratory disease is at least as likely as not caused by asbestos exposure during his active duty service. The claim was reopened due to new evidence submitted since the last final denial.

The Board has decided to remand the case due to inadequate medical examinations and missing VA records, and will provide a new VA examination to determine if the Veteran's current respiratory disability is related to his service.

The Veteran's claims for service connection are remanded due to the need for additional evidence and medical opinions.

The Board has granted a disability rating of 60 percent for asbestosis from October 18, 2014. Prior to this date, the Veteran's asbestosis was rated at 10 percent.

The Veteran's claims for increased ratings and TDIU are being remanded due to the receipt of a new VA medical opinion.

The Board has granted service connection for tinnitus, finding that the Veteran had a current disability and exposure to noise in service. The other claims were denied as there was no evidence of a current disability or causal link to service.